- ABSTRACT
Police brutality persists to be a worldwide problem which presents very serious legal, ethical, and human rights issues. This research paper focuses on critically analysing the present legal frameworks which controls police misbehaviour with emphasis on constitutional frameworks, judicial remedies, and policy changes. The study focuses on exploring the intersection of criminal justice, human rights, and constitutional law by analysing violations of fundamental rights, such as right to life, dignity, and protection against arbitrary government actions.
The paper evaluates the effectiveness of existing legal protections that are at the dispense of the general public. It examines the functioning of independent organizations, decisions of courts, and the legislative measures taken to curb the excessive use of force.
Marginalized communities are especially the ones who are discriminated against and face severe challenges, this paper elaborates recent case studies and how it affects the current scenario and future ways of dealing with this issue.
The paper continues by suggestive legislative and policy changes to enhance and improve police accountability and help prevent abuse of power by police personnel and reduce the instances of abuse of prisoners, marginalized communities, and also help restore the confidence of the public in the law enforcement.
Keyword: Human rights, Police violence, Policy, prisoners, Law enforcement
- INTRODUCTION:
The Police Act, 1861 describes the word police as all the persons who are enrolled under the mentioned act.[1] In a broader sense it includes public officials or the law implementing body whose primary goal is to maintain peace and order in the society.
In India, the state government has control over the police since they are on the state list. State governments’ regulations and directives serve as a representation of the organisation and operation of police authorities.
When police officers abuse their authority, it is referred to as police brutality. It includes a range of wrongdoing and abuse by police personnel against people or communities. In addition to using excessive force or acting aggressively towards civilians, this misbehaviour might involve verbal and physical harassment.
Even with constitutional protections and other laws designed to stop police abuse, accountability is still lacking, and officers who are accused of violence seldom get convicted. Because of the systematic inaction on police brutality, marginalised populations are even more susceptible to injustice and prejudice.
Because of institutional obstacles including intimidation, evidence suppression, and a dearth of impartial investigative organisations, victims of police abuse frequently fail to receive justice. Even though the judiciary is supposed to enforce the rule of law, it has frequently been hesitant to handle these infractions, which has further alienated impacted groups. Furthermore, police abuse, especially against people deemed to be a danger to social order, are occasionally normalised or even encouraged by media narratives and public discourse.
This pervasive and systemic issue requires immediate action, not only in the shape of institutional and legislative reforms but also in the form of changing public perceptions of law enforcement. Police brutality will continue to corrode democratic ideals, weaken public confidence in law enforcement, and prolong cycles of violence against society’s most vulnerable groups in the absence of accountability and structural reforms.
[1] Indian Government. (1861). THE POLICE ACT, 1861. In THE POLICE ACT, 1861. https://www.mha.gov.in/sites/default/files/police_act_1861.pdf